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IRVING v. BREAZEALE

No. 24606.

400 F.2d 231 (1968)

Gerald Henry IRVING, Jr., Appellant, v. C. E. BREAZEALE, Superintendent of Mississippi State Penitentiary, et al., Appellees.

United States Court of Appeals Fifth Circuit.

August 27, 1968.

Attorney(s) appearing for the Case

Ebb J. Ford, Jr., Gulfport, Miss., for appellant.

Boyce Holleman, Gulfport, Miss., Guy N. Rogers, Asst. Atty. Gen., Jackson, Miss., for appellees.

Before GEWIN and COLEMAN, Circuit Judges, and HUGHES, District Judge.

GEWIN, Circuit Judge:

After a trial by jury, Appellant was convicted of murder in the Circuit Court of Harrison County, Mississippi, and sentenced to die in the gas chamber. Having exhausted all state remedies,1 he filed a petition for a writ of habeas corpus in the United States District Court for the Southern District of Mississippi, asserting that his conviction was obtained in violation of his fifth, sixth, and fourteenth amendment...

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